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Interpretation of
Terms.

Saving the Laws

IX. The Words "River," "Water," or "Loch" occurring in this Act shall mean and include any Stream, Burn, Millpool, Mill-lead, Milldam, Sluice, Pond, Cut, Canal, and Aqueduct, and every other Collection or Run of Water, in which Trouts and other Fresh-water Fish breed, haunt, or are found or preserved; the Word "Sheriff" shall mean the Sheriff or Steward of the County in which the Offence happens or Case arises, and shall include the Sheriff-Substitutes of such Sheriffs; the Expression "Justice of the Peace" shall mean a Justice of the Peace of the County in which the Offence happens or Case arises; and the Expression "County Officer" shall mean and include Sheriff's Officer, Constable, or any Officer of the County Police Force.

X. Nothing herein contained shall affect any Act of Parliament, General or Local, passed for the regarding the Salmon Fisheries. Preservation of the Salmon Fisheries in Scotland, or in relation to the fishing of Salmon or Fish of the Salmon Kind in Scotland.

Baving the Laws

XI. Nothing herein contained shall affect or apply to the killing of Trout or other Fresh-water regarding fishing Fish with Single Rod and Line which shall be regulated by the Laws in existence prior to the with Single Rod. passing of this Act.

3 & 4 W. 4. c. 76.

CAP. XLVII

An Act to amend the Law relative to the Legal Qualifications of Councillors and the Admission of Burgesses in Royal Burghs in Scotland.

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[23d July 1860.]

WHEREAS by the Fourteenth Section of an Act passed in the Third and Fourth Years of

His late Majesty King Willium the Fourth, intituled "An Act to alter and amend the Laws "for the Election of the Magistrates and Councils of the Royal Burghs in Scotland,” it was enacted, 'that no Person should be entitled to be received and inducted as Councillor who shall not previous 'to such Induction be entered a Burgess for the Burgh of which he is so elected, wherever there is any Body of Burgesses in any such Burgh, and that his Omission to produce Evidence of his being 'such Burgess when he declares his Acceptance of Office shall be held to vacate his Election, in the same Manner as if he had declined to accept: And whereas by an Act passed in the Ninth Year 9 & 10 Vict. c. 17. of Her present Majesty, intituled "An Act for the Abolition of the exclusive Privilege of Trading in Burghs in Scotland," the exclusive Privileges and Rights possessed in certain Royal and other Burghs in Scotland, by the Members of certain Guilds, Crafts, or Incorporations, of carrying on 'or exercising certain Trades or Handicrafts within their respective Burghs, are abolished: And 'whereas it is expedient to repeal the said Clause of the first-recited Act, and to make Provision for the Admission of Persons to be Burgesses in manner and under the Conditions herein prescribed:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Sect. 14. of 3 & 4

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I. That the said Fourteenth Section of the first-recited Act, in so far as inconsistent with this W. 4. c. 76. re- Act, shall be and the same is hereby repealed.

pealed.

may be admitted as Burgesses on

Electors of Mem- II. That it shall be lawful to the Magistrates and Council of any Royal Burgh, and they are bers of Council hereby authorized and empowered, to admit any Person entitled to vote in the Election of any Member of Council for such Burgh to the Status of a Burgess thereof, and that by a Minute of the certain conditions Council thereof, and on Payment of such Entry Money, not exceeding in any Case the Sum of One Pound, as the Council of the Burgh may from Time to Time fix, which Entry Money shall be accounted Part of the Common Good of the Burgh, and be applied accordingly; and every Person entitled to vote in the Election of any Member of Council shall, on being elected a Member of the Council of any Burgh, thereupon be elegible to be inducted, if before Induction he shall be admitted in manner aforesaid to the Status of a Burgess of the Burgh, anything contained in the said Fourteenth Section of the first-recited Act notwithstanding: Provided always, that such Admission by Minute of Council shall not per se be held to give or imply any Right or Title to or Interest in the Properties, Funds, or Revenues of any of the Guilds, Crafts, or Incorporations of the Burgh, or any Mortifications or Benefactions for behoof of the Burgesses of such Guilds, Crafts, or Incorporations, or of their Families, or any Right of Management thereof, or any Membership in any of the said Guilds, Crafts, or Incorporations.

CAP. LVIII.

An Act to amend the Act of the Eighteenth and Nineteenth Years of Her
Majesty relating to Friendly Societies.

[6th August, 1860.] present

E it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of

by the authority of the same, as follows:

under Sect. 18 of

ment intended

same to the

I. In case of the Dissolution of a Society, according to the Provisions of the Thirteenth Section In case of Dissolof the Act passed in the Eighteenth and Nineteenth Years of Her Majesty, Chapter Sixty-three, it ution of Society shall not be necessary to state in the Agreement the intended Appropriation or Division of the Funds 18 & 19 Vict. &. or other Property, but it shall be lawful to the Members, if they shall think fit, to refer such 63, not necessary Appropriation or Division to the award of the Registrar; and in case Application shall be made in to state in Agree Writing by the Members of a Society, not being less in Number than Five Eighths of the whole division of Funds, Body thereof, setting forth that the Funds of such Society are insufficient to meet the Claims but may refer the thereon, with the Grounds upon which such Insufficiency can be proved, it shall be lawful for the Award of the Registrar to investigate the same, and if upon such Investigation he shall find that the said Society Registrar. is in an insolvent Condition, and that it would conduce to the Interests of all Parties concerned, that the Affairs of the Society shall be wound up and brought to a Termination, he shall make an Award to that Effect, and shall direct in what Manner the Funds and Property of the Society shall be divided or appropriated, and it shall not be necessary in such Case that the Provisions of the said Thirteenth Section be complied with; provided that previous to such Investigation the Registrar shall give not less than Twenty-one Days' Notice in Writing, to be sent by Post to the Trustees, Secretary, or other Officer of such Society, at the Place where such Society holds its Meetings.

clusive without

II. Every Award so made as aforesaid by the Registrar shall be final and conclusive on all Registrar's Members and other Persons having any Claim on the Funds of the said Society, without Appeal, Award to be conand shall be enforced in the same Manner as by Section Forty-one of the said Act is provided for Appeal enforcing the Award of Arbitrators; and the Expenses of such Award, and of publishing the Notice of Dissolution in the Gazette, shall be paid out of the Funds of the Society before any Appropriation thereof shall be made.

III. When any Agreement for the Dissolution of a Society authorized by Section Thirteen of the Evidence of Diasaid Act shall be transmitted to the Registrar; and when any Award authorized to be made by this solution. Act shall be made by the Registrar, Notice thereof shall, within Twenty-one Days after the same shall have been so transmitted or made respectively, be advertised by the Registrar, as respects Societies in England in the London Gazette, as respects Societies in Scotland in the Edinburgh Gazette, and as respects Societies in Ireland in the Dublin Gazette; and unless within Three Calendar Months from the Date of the Gazette in which such Advertisement shall appear, a Member or other Person interested in or having any Claim on the Funds of the Society shall commence Proceedings to set aside the Dissolution of the Society consequent upon such Agreement or Award, the Society shall be considered for all Intents and Purposes, and in all Courts of Law and Equity, as legally dissolved, and the requisite Consents to such Agreement, or, as the Case may be, to the Application to the Registrar, to have been duly obtained, without Proof of the Signatures thereto.

IV. The Registrar in his next annual Report submitted to Parliament shall set forth the Registrar's AnParticulars of every Award made under the Provisions of this Act which he may have made during nual Report to contain particuthe preceding Twelve Months. Jars of Awards.

Societies dissolv.

V. In regard to Societies which have been dissolved before the passing of this Act, If Notice of Provisions as to any Agreement for the Dissolution of such Society, already transmitted to the Register, or of any ed before passing Award made under Section Thirteen of the said Act, shall within Three Months after the passing of this Act. of this Act be advertised in such Gazette as aforesaid, the Provisions of Section Three of this Act shall apply in the same Way as if such Agreement and Award had been transmitted and made subsequent to the passing of this Act.

Vict. a 101 re

VI. The Eighth Section of the Act passed in the Twenty-first and Twenty-second Years of Her Sect. 8 of 21 & 22 Majesty, Chapter One hundred and one, is hereby repealed; but where, previously to the passing p of this Act, any Application has been made to the Registrar respecting the Dissolution of a Society under the said Section, such Society shall be dissolved in the same Manner and with the same Incidents as if this Act were not passed, and for the Purposes of such Dissolution the said Section shall be deemed to remain in full Force.

Penalty for not making Annual

VII. If Default shall be made in transmitting to the Registrar before the First Day of June in Return in comeach Year the General Statement or Copy of the last annual Report of any Society, in compliance pliance with Bect. with the Provisions of Section Forty-five of the Act of the Session of the Eighteenth and of 9 & 10 Vlot, Nineteenth

0.87.

If Accounts not made to Comis

Nineteenth of Victoria, Chapter Sixty-three, the Officer making such Default shall be liable to a Penalty not exceeding Twenty Shillings, to be recovered, with costs, at the Suit of the Registrar, before Two or more Justices, as to England in manner directed by an Act passed in the Session holden in the Eleventh and Twelfth Years of the Reign of Her Majesty Queen Victoria, Chapter Forty-three, intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions withia England and Wales with respect to summary Convictions and Orders, and as to Scotland before Two or more Justices or the Sheriff of the County, in manner directed by the Act passed in the Session of Parliament holden in the Seventeenth and Eighteenth Years of the Reign of Her Majesty Queen Victoria, Chapter One Hundred and four, intituled An Act to amend or consolidate the Acts relating to Merchant Shipping, as regards Offences in Scotland against that Act, not being Offences by that Act described as Felonies or Misdemeanors, and as to Ireland in manner directed by the Act passed in the Session holden in the Fourteenth and Fifteenth Years of the Reign of Her Majesty Queen Victoria, Chapter Ninety-three, intituled An Act to consolidate and amend the Acts regulating the Proceedings of Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, in Ireland, or any Act passed for the Amendment of the above-mentioned Acts; and the Justices or Sheriff imposing any Penalty under this Act may direct the whole or any Part thereof to be applied in or towards payment of the Costs of the Proceedings; and subject to such Direction all Penaltics shall be paid into the Receipt of Her Majesty's Exchequer, in such manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

VIII. If the Accounts and Returns required from certain Friendly Societies by the Commissionsioners, pursuant ers for the Reduction of the National Debt, pursuant to Section Thirty-four of the said Act, be not to Sect. 34 of 18 made within Thirty Days after the same have been required, the Account of the said Society shall & 19 Vict. c. 63, be closed by the said Commissioners, and thenceforth no Interest shall be credited to such Society Interest theroon to cease, &c. thereon, until such Accounts and Returns shall be furnished by the said Commissioners, or the Money be withdrawn.

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IX. Any Application authorised by Section Twenty-four of the said recited Act to be made by any Person on behalf of a Society, may be made by the Registrar.

X. This Act and the Friendly Societics' Acts, 1855 and 1858, shall be construed as One Act, and be cited together for all Purposes as the Friendly Societies' Acts.

Societies Acts to may

be construed as

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CAP. LXXX.

23 & 24 Vict.

o. 15.

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An Act to regulate the Levying and Collection of the Inventory Duty payable upon Heritable Securities and other Property in Scotland.

[6th August 1860.]

WHEREAS by an Act passed in the present Session of Parliament, Chapter Fifteen, it was

enacted, that Money secured on Heritable Property in Scotland, and Money secured by Scotch Bonds in favour of Heirs and Assignees, excluding Exccutors, should for the Purposes of the Act be held and interpreted to be Moveable Property, and should be included in any Inventory to be exhibited and recorded in any Commissary Court in Scotland of the Estate and Effects of any Person deceased entitled thereto, and in England and Ireland respectively 'should be deemed to be Estate and Effects for or in respect whercof any Probate of Will or Letters of Administration should be granted; and that every such Inventory, Probate, and 'Letters of Administration should be chargeable with Stamp Duty in respect of such Moveable 'Property; and that such Property and the Value thereof should be included in any Affidavit as 'therein mentioned, made on applying for l'robate or Letters of Administration in respect thereof, in England or Ireland; and it is expedient that the levying and collecting of the said Duty should 'be regulated as herein-after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Money secured on I. All Money secured on Heritable Property in Scotland, and all Money secured by Scottish Heritable Pro- Bonds and other Instruments, excluding Executors, and all Money secured by Scottish Bonds and perty in Scotland & Scottish Bonds, other Instruments, the Rights to which shall be taken excluding Executors, constituting the Succesexcluding Execu- sion or part of the Succession of any Person who shall have died on or after the Third Day of April tors, to be liable in the Year One thousand eight hundred and sixty, shall be liable to Inventory Duty under the to Inventory said recited Act.

Duty.

Duty, & Interest II. The said Duty, with Interest thereon at the Rate of Five per Centum per Annum, from the thereon, shall be Expiry of the period of Six Months after the Death of such deceased Person, shall be a Debt to Her Majesty, to be Majesty, and shall be payable by any and every Person who shall take any Money secured as afore

a Debt to Her

said.

son who shall take

said, constituting the Succession or part of the Succession of any Person deceased, and that whether payable by Per he shall take the same as having a beneficial Interest therein, or as Trustee, or in any other Money secured. Capacity, and whether he shall have an absolute Right, or only a Liferent or Life Interest, or other limited Right or Interest therein, and whether he shall take the same by Mortis causa Conveyance, or by special Destination, or by Inheritance.

of Inland Revenue

III. The Person or Persons so taking such Money as aforesaid shall, within Six Months next Stamped Special Inventory to be after taking the same or any Part thereof, or any Interest due thereon, lodge with the Solicitor of lodged on Oath Inland Revenue at Edinburgh a full and true Inventory upon Oath or solemn Affirmation, to be with the Solicitor called a "Special Inventory," in the Form of the Schedule annexed hereto, of all Money secured as at Edinburgh. aforesaid, constituting the Succession or Part of the Succession of such deceased Person, such Special Inventory having thereon a Stamp denoting the Duty payable on the Value of such Money secured as aforesaid, contained in such Inventory, being the same Rate and Amount of Duty, whether testate or intestate, as the Case may be, which would have been payable as Inventory Duty on Moveable or Personal Estate of the same Value; and the Oath or Affirmation to the said Special Inventory may be taken before any Magistrate or Justice of the Peace within the United Kingdom or the Colonies, or any British Consul; provided that in all Cases the Duty, together with the Interest and necessary Expenses, upon any Money contained in such Inventory, by whomsoever the same may have been originally paid, shall, in the Absence of any special Agreement or Provision or valid Testamentary Direction to the contrary, be ultimately borne by the Person or Persons beneficially interested in such Money, and if there shall be more than One Person so interested the Duty shall be borne by them proportionally according to their several and beneficial Interests in the Money on which the Duty has been so paid.

As to Return of

IV. It shall be lawful for the Executor or Executors of the Deceased to add the Amount of Money so secured may be added to Money so secured, and the Value thereof, including the Proceeds accrued thereon, as herein-after inventory of Permentioned, to the Inventory in Scotland of the Deceased's Moveable or Personal Estate, and to pay sonal or Moveable Estate. the Stamp Duty on the aggregate Amount, in which Case no special Inventory or separate Stamp Duty shall be required from the Person or Persons beneficially entitled to the Money so secured; provided that in this Case the Executor or Executors of the Deceased shall make Oath (or, if so privileged, solemn Affirmation,) of the true Amount and Value of the said Money and Proceeds; Duty on the and the contingent Provision for Return of Duty, herein-after provided for, in regard to the Debts Ground of Debts. Duty paid on of the Deceased, shall in such Case be applicable mutatis mutandis; and farther, in this Case, the the aggregate Inventory Duty so paid on the Aggregate Amount of the Deceased's Moveable or Personal Estate, Amount to be and of the said Money and Proceeds, shall, in the Absence of any special Agreement or Provision or by the Parties aoultimately borne valid Testamentary Direction to the contrary, be ultimately borne by the Persons beneficially cording to their interested proportionally according to their several and beneficial Interests in the aggregate Amount beneficial Interest on which the Stamp Duty shall have been so paid, and with Right of Relief accordingly.

Date of the Affi

V. The Special Inventory provided by this Act, and the Inventory of the Personal Estate of a Property for payment of Inventory Deceased, containing also the Property on which Duty is imposed by the recited Act and this Act, Duty shall be shall be stamped with Duty according to the Value of the Property contained therein at the Time valued at the they shall be respectively sworn to, including the Proceeds accrued thereon down to that Time, and davit to the Inthe Duty or deficient Duty according to such Value and Proceeds and Interest thereon, at the Rate ventory. of Five per Centum per Annum, shall be a Debt due to Her Majesty by the Person making Oath to said Inventories; and it is hereby provided, that the Inventory and additional Inventory of any Person deceased required to be exhibited and recorded in the proper Commissary Court in Scotland shall be stamped with Duty according to the Value of the Property contained therein at the Time they shall be respectively sworn to, including the Proceeds accrued thereon down to that Time; and the Duty or deficient Duty according to such Value and Proceeds, and Interest thereon at the Rate of Five per Centum per Annum, shall be a Debt to Her Majesty by the Person making Oath to said Inventory and additional Inventory, and his Heirs and Successors; and if such Inventory and additional Inventory shall not be exhibited and recorded, the Inventory Duty on all the Personal or Moveable Estate and Effects of the Deceased, and Interest thereon at the Rate of Five per Centum per Annum from the Expiry of the Period of Six Months after the Death of such deceased Person, shall be payable and shall be a Debt to Her Majesty by the Person who shall intromit with or enter upon the Possession and Management of such Personal or Moveable Estate and Effects, or any Part thereof, and his Heirs and Successors.

under

Circum

VI. The Commissioners of Inland Revenue shall grant a Return of the said Duty, corresponding Power to grant a to a rateable Apportionment of the Amount by which the Debts (in respect of which a Claim for Return of Duty Return of Inventory Duty may be competent) shall be proved to the Satisfaction of the said Commis- stances herein sioners to exceed the Personal Estate of the Deceased, between the Amount of the Money contained stated. in the said Special Inventory and all the other Heritable Property of the Deceased; provided such Return shall be claimed within Three Years from the Date of lodging the Special Inventory.

VII. Every Person shall for the Purposes of this Act be held to have taken Money secured as Intromitters, &o. aforesaid who shall have received or intromitted with such Money or any Part thereof, or any In- to be held to have taken Money so terest due thereon, or who shall have made up a Title thereto. secured.

VIII. Money secured upon Heritable Property by Conveyance ex facie absolute, and Money Money secured on secured by Adjudication when the Right of Reversion has not expired, and all Money secured in Land by absofate Conveyance, and any other Way upon IIeritable Property, shall be subject to the Provisions of the recited Act and Adjudication, and this Act; Provided always, that nothing therein and herein contained shall be held to apply to Feu otherwise, to fall Duties or to other permanent periodical Payments which are made a Real Burden upon Land, visions of the Act where Payment of a Capital Sum of Money is not thereby secured. IX.

under the Pro

Recited Act re

tain E tent.

IX. The said recited Act is hereby repealed, in so far as it provides that in England and Ireland peale toer the said Money shall be deemed Estate and Effects for and in respect of which Probate and Letters of Administration shall be granted, and shall be included in the Affidavit made on applying for Probate or Letters of Administration in England and Ireland.

SCHEDULE.

SPECIAL INVENTORY of the Money secured on Heritable Property in Scotland, and Money secured by Scotch Bonds, &c., excluding Executors belonging to [Name and Description of Deceasea], who died at

Cap. 80.

on the

Day of

18 for Payment of the Duty imposed by the Act 23 & 24 Victoria,

granted by

£ s. d. I. Bond and Disposition in Security dated in favour of the Deceased, over Lands in the County of [Fife] [or Houses in the City of (Edinburgh), &c. If Deceased acquired Right by Assignation, &c. describe Title.] II. Interest thereon from the

the

III. Bond dated

Day of

Day of

granted by

to

in

favour of the Deceased, excluding Executors [if the Deceased's Right is by Assignation,
&c. describe Right].

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One thousand eight hundred
Esquire, One of the

Magistrates for the City of [Edinburgh] [or Justice of the Peace, or British Consul],

Appeared who, being solemnly sworn and examined, depones, that [Name and Description of Deceased] died at on the Day of ; that the Deponent has right to the above Subjects [or Part of the above Subjects, or to the Liferent of the above Subjects, &c.] as Heir of the Deceased [or as Legatee, or as One of the Trustees of the Deceased, &c.]; that the Deponent knows of no Settlement or other Writing left by the Deceased relative to the Disposal of his Personal Estate or Effects, or any Part thereof [or that the Deponent does not know of any Settlement or Writing relative to the Disposal of the Deceased's Personal Estate or Effects, or any Part thereof, other than a general Disposition and Deed of Settlement dated the

Day of
Day of

registered in the Books of Council and Session on the
];
that the foregoing Inventory, each Page of which is signed by the Deponent as relative hereto, is a
full and complete Special Inventory of all the Money or Property belonging to the Deceased, and
Proceeds thereof, liable to the Duty imposed by the Acts 23 Vict. Cap. 15. and 23 & 24 Vict. Cap.
80. [this Act], in so far as the same has come to the Deponent's Knowledge; and that the said Pro-
perty is of the Value of
Pounds and under the Value of

Pounds. All which is Truth, as the Deponent shall answer to God.

17 & 18 Vict. o. 80.

18 & 19 Vict.

C. 29.

CAP. LXXXV.

An Act to amend two Acts of the Seventeenth and Eighteenth Years, and of the Eighteenth Year, of Her present Majesty, relating to the Registration of Births, Deaths, and Marriages in Scotland.

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WHEREAS it is expedient to alter and amend the Act passed in the Seventeenth and Eighteenth Years of the Reign of Her present Majesty, intituled An Act to provide for the better Registration of Births, Deaths, and Marriages in Scotland, and the Act passed in the Eigh'teenth Year of the same Reign, intituled An Act to make further Provision for the Registration of Births, Deaths, and Marriages in Scotland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

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